Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

(a) subject to subsection (3), if the committee does not withdraw the direction, the person may, not later than 14 days after being informed by the committee of its decision not to do so and on notice to the committee, apply to the Court in a summary manner for the determination of the question whether the evidence or document could, if given to the committee, reasonably be expected to have the effect specified in paragraph (c) of section 71(1) or paragraph (c) of section 86(1), as the case may be, or to prejudice the criminal proceedings or investigation concerned as referred to in paragraph (a) or (b) of subsection (1),

(b) subject to section 101, if such an application is made, the committee shall adjourn its proceedings relating to the particular matter until—

(i) the application is withdrawn or abandoned, or

(ii) the final determination of the question referred to in paragraph (a),

and

(c) if the Court determines that the evidence or document could, if given to the committee, have the effect referred to in paragraph (a) on the criminal proceedings or investigation concerned, the committee shall withdraw the direction.

(3) The Court may extend the period referred to in subsection (2)(a) in respect of which an application referred to in that subsection may be made to it in any case where it is satisfied that there is good and sufficient reason for the extension.

101.. Disapplication of section 94(5)(a) or (b), or 100(2)(b), to committee in certain circumstances.

101.— (1) This section applies to a person who has—

(a) given the committee a notice in writing referred to in section 94(4)(a) but has failed to make the application to the Court specified in the notice,

(b) made an application referred to in section 94(4)(b) to the Court but has withdrawn or abandoned the application, or

(c) made an application referred to in section 100(2)(a) to the Court but has withdrawn or abandoned the application.

(2) Where a person to whom this section applies gives the committee a substantially similar section 94(4) notice, the committee may, on notice to the person, apply in a summary manner to the Court for an order that paragraph (a) of section 94(5) shall not apply to the committee in the case of that notice.

(3) Where a person to whom this section applies makes a substantially similar section 94(4) application to the Court, the committee may, on notice to the person, apply in a summary manner to the Court for an order that paragraph (b) of section 94(5) shall not apply to the committee in the case of that application.

(4) Where a person to whom this section applies makes a substantially similar section 100(2) application to the Court, the committee may, on notice to the person, apply in a summary manner to the Court for an order that paragraph (b) of section 100(2) shall not apply to the committee in the case of that application.

(5) The Court, on an application under subsection (2), (3) or (4), may—

(a) make the order sought by the application, or

(b) refuse to make such an order.

(6) In this section—

“substantially similar section 94(4) notice”, in relation to a person to whom this section applies, means a notice in writing referred to in section 94(4) given by the person to the committee and which is the same as, or substantially similar to, the notice referred to in paragraph (a) of subsection (1) previously given by the person to the committee;

“substantially similar section 94(4) application”, in relation to a person to whom this section applies, means an application referred to in section 94(4) made by the person to the Court and which is the same as, or substantially similar to, the application referred to in paragraph (b) of subsection (1) previously made by the person to the Court;

“substantially similar section 100(2) application”, in relation to a person to whom this section applies, means an application referred to in section 100(2) made by the person to the Court and which is the same as, or substantially similar to, the application referred to in paragraph (c) of subsection (1) previously made by the person to the Court.

102.. Court’s discretion to hear certain matters otherwise than in public.

102.— Proceedings in the Court under this Act, in so far as they relate to—

(a) a draft of a relevant report,

(b) an unpublished relevant report,

(c) the disclosure or non-disclosure of confidential material, or

(d) section 100,

may be heard otherwise than in public if the Court is satisfied that it is just and reasonable to do so.

103.. Provisions supplementary to sections 94 to 102.

103.— The Court, in any direction, order, authorisation or opinion given or made by it under this Part, may make such related orders, whether in respect of the committee or other persons, as it considers just and reasonable in the circumstances and, without prejudice to the generality of the foregoing, in particular to ensure that fair procedures are observed in relation to witnesses to, or other persons affected by, relevant proceedings.

PART 10 Privilege in Relation to Private Papers and Confidential Communications

104.. Interpretation — Part 10.

104.— (1) In this Part—

“confidential communication”, in relation to a member, means a communication (not being a private paper), by any means (whether in writing or not), of information to and from the member, in the course of his or her capacity as a member, on an understanding (whether express or implied) that its source or content, or both, would be treated as confidential, and includes any document evidencing such a communication;

“member” means a member of a House, and includes a former member of the House in his or her capacity as a former member and, where the context so requires, a deceased member of the House;

“ministerial office” means office as Taoiseach, Tánaiste, Minister or Minister of State, and “Department or Office” shall be construed accordingly;

“Part 10 committee”, in relation to a House, means the committee appointed by the House to perform the functions conferred on Part 10 committees by this Part;

“private paper”, in relation to a member, means whichever of the following as applies to the member (other than a paper that has already been lawfully put into the public domain):

(a) in relation to a member who is not a holder of ministerial office, any paper in the possession or control of the member in relation to his or her political (including party political) role or in his or her capacity as a member;

(b) in relation to a member who is the holder of ministerial office, any paper in the possession or control of the member in relation to his or her political (including party political) role or in his or her capacity as a member, but does not include any paper (whether or not held by his or her Department or Office, by the member, or by any special adviser in his or her Department or Office) which relates to the member’s own functions in relation to his or her ministerial office;

(c) in relation to a member who is the Attorney General, any paper in the possession or control of the member in relation to his or her political (including party political) role or in his or her capacity as a member, but does not include any paper (whether or not held by his or her Office, by the member, or by any special adviser) which relates to the member’s own functions in relation to the office of the Attorney General;

“special adviser” means special adviser within the meaning of section 11 of the Public Service Management Act 1997.

(2) Nothing in the Part shall be construed to prejudice the power of each House to make rules and standing orders pursuant to Article 15.10 of the Constitution to create a protection for private papers referred to in that Article (and irrespective of whether the definition of “private paper” provided for in such rules and standing orders overlaps, whether in whole or in part, with the definition of “private paper” in this Part).

(3) The assertion by a person of a privilege created by this Part in respect of a document shall not preclude the assertion by the person of any other privilege or protection in respect of the document.

105.. Protected communications of member.

105.— (1) A person shall not have access to, or require the disclosure of, a private paper of a member other than—

(a) with the consent in writing of the member, or

(b) subject to subsection (2), where it is determined by the Court, upon application being made to it under this section, that the access or disclosure, as the case may be, is relevant to the investigation of any offence alleged against the member, or is essential by virtue of an overriding public interest arising in the context of proceedings before a court, tribunal, commission or Part 2 inquiry.

(2) The Court shall, in determining under paragraph (b) of subsection (1) whether or not it should make an order providing for access to, or the disclosure of, a private paper of a member, have regard to—

(a) the extent to which the paper relates to a matter of public importance or public interest,

(b) the rights and interests of any member affected,

(c) the rights and interests of any other person who provided information to the member,

(d) the rights and interests of any other person to whom the paper relates,

(e) the public interest in maintaining the confidentiality of the identity of persons who communicate with members,

(f) the public interest in maintaining the confidentiality of the contents of private papers, and

(g) any other circumstances that the Court considers relevant.

(3) A person shall not require the disclosure of a confidential communication other than—

(a) with the consent in writing of the member who made or received the communication, or

(b) subject to subsection (4), where it is determined by the Court, upon application being made to it under this section, that the disclosure is relevant to the investigation of any offence alleged against the member, or is essential by virtue of an overriding public interest arising in the context of proceedings before a court, tribunal, commission or Part 2 inquiry.

(4) The Court shall, in determining under paragraph (b) of subsection (3) whether or not it should make an order providing for the disclosure of a confidential communication made by or to a member, have regard to—

(a) the extent to which the communication relates to a matter of public importance or public interest,

(b) the rights and interests of any member affected,

(c) the rights and interests of any other person who provided information to the member,

(d) the rights and interests of any other person to whom the communication relates,

(e) the public interest in maintaining the confidentiality of the identity of persons who communicate with members,

(f) the public interest in maintaining the confidentiality of the contents of confidential communications, and

(g) any other circumstances that the Court considers relevant.

(5) Where under this section the Court orders access to, or the disclosure of, a private paper or confidential communication, it shall determine the terms and extent of such access or disclosure, as the case may be.

(6) Without prejudice to the generality of section 107, a member may give a consent referred to in subsection (1)(a) or (3)(a) without the approval of a House, committee or any other person.

(7) Rules of court shall make provision for the manner in which an application to the Court under this section shall be made.

106.. Disclosure of communication.

106.— Nothing in this Part prevents a person who has communicated with a member and who is otherwise entitled by law to disclose the fact or content of the communication from doing so whether or not the person represented to the member at the time of the communication that its source or content would be treated as confidential.

107.. Determining what constitutes private paper or confidential communication.

107.— (1) A member who has in his or her possession or control a document may at any time apply to the Part 10 committee for a determination as to whether the document is a private paper or confidential communication.

(2) The Part 10 committee may, for the purposes of making a determination under subsection (1) as to whether or not a document referred to in that subsection is a private paper or confidential communication—

(a) exercise the powers conferred on a committee that has, under the rules and standing orders of the House, been conferred with the right to send for persons, papers and records, or

(b) if, following a preliminary consideration of the matter, the committee considers it unnecessary in the circumstances to exercise such powers—

(i) examine any relevant document (including a report prepared under subparagraph (iii)),

(ii) consider a statement in writing by the member concerned and any other person in relation to the circumstances giving rise to the document or otherwise in relation to the grounds for a claim (if any) that the document is a private paper or confidential communication, and

(iii) appoint a person that the committee is satisfied has suitable qualifications, and possesses the level of experience, and independence from any interest falling to be determined between the parties concerned, for the purposes of—

(I) examining the information, and

(II) preparing a report for the committee with a view to assisting or facilitating the committee in making the determination.

(3) The Part 10 committee shall take all necessary steps to safeguard the confidentiality of the document concerned and preserve the confidentiality of its proceedings under this section.

(4) A determination of the Part 10committee under this section may only be reviewed by way of judicial review, on application made to the Court within 14 days after the date of the determination being made known to the party aggrieved by the determination.

108.. Guidelines.

108.— A House may prepare and issue guidelines for the purposes of this Part providing for the practical guidance of its members, including protocols to be followed relating to maintaining a document as a private paper or confidential communication.

109.. Former or deceased member of House.

109.— (1) Subsections (1)(a) and (3)(a) of section 105 shall apply to a former member who has not died as if the references in those subsections to “member” were references to “former member”.

(2) Subsections (1)(a) and (3)(a) of section 105 shall apply to a former member who has died as if the references in those subsections to “member” were references to “Part 10 committee”.

110.. Disclosure of private paper by way of evidence.

110.— A person shall not be required to answer any question which would reveal, or would be likely to reveal, the content of a private paper of a member, whether created before or after the event or matter the subject of the question, the disclosure of which would be contrary to this Part, except in so far as may be necessary to enable the Part 10 committee to make a determination under section 107.

111.. Offences — Part 10.

111.— (1) Where a private paper of a member is knowingly or recklessly disclosed by a person other than the member and such disclosure is not authorised by a provision of this Part, the person is guilty of an offence.

(2) Where a confidential communication is knowingly or recklessly disclosed by a person other than the member who made or received the communication, or the person who made the communication to the member, the first-mentioned person is guilty of an offence.

(3) Where—

(a) a person discloses a private paper of a member in contravention of subsection (1), or

(b) a person discloses a confidential communication in contravention of subsection (2),

any other person who publishes the private paper or confidential communication, as the case may be, is guilty of an offence, regardless of how he or she acquired the private paper or confidential communication, or the content of the private paper or confidential communication, as the case may be.

(4) A person who is guilty of an offence under subsection (1), (2) or (3) is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.

PART 11 Privilege in Relation to Official Documents

112.. Interpretation — Part 11.

112.— (1) In this Part—

“official document”, in relation to a House, means a document that has not been lawfully put into the public domain and is designated as an official document by or on behalf of the House in accordance with directions under section 113 issued by—

(a) in the case of a document held by Dáil Éireann, the Part 11 committee,

(b) in the case of a document held by Seanad Éireann, the Part 11 committee,

(c) in the case of a document held by both Houses, both Part 11 committees;

“Part 11 committee”, in relation to a House, means the committee appointed by the House to perform the functions conferred on Part 11committees by this Part.

(2) Nothing in the Part shall be construed to prejudice the power of each House to make rules and standing orders pursuant to Article 15.10 of the Constitution to create a protection for official documents referred to in that Article (and irrespective of whether the definition of “official document” provided for in such rules and standing orders overlaps, whether in whole or in part, with the definition of “official document” in this Part).

(3) The assertion by a person of a privilege created by this Part in respect of a document shall not preclude the assertion by the person of any other privilege or protection in respect of the document.

113.. Directions relating to official documents.

113.— (1) The Part 11 committee may issue directions under this section specifying the categories of documents (other than documents relating to the financial entitlements of members, including expenses, or documents of the Oireachtas Commission) which are to be official documents.

(2) The Part 11 committee, in issuing directions under this section, shall have regard to—

(a) the need to protect the efficient carrying out of the business of the House,

(b) the need for the maximum transparency in relation to the activities of the House and papers of significant public interest held by the House,

(c) the need to limit the categories of official document requiring protection to those the unauthorised disclosure of which would cause damage to the work of the House or its members, or both, and

(d) any other matters that the committee considers relevant.

114.. Restriction on unauthorised access to official documents.

114.— (1) A person shall not have access to, or require the disclosure of, an official document of a House other than—

(a) with a consent in writing given in accordance with the rules and standing orders, or

(b) subject to subsection (2), where it is determined by the Court, upon application being made to it under this section, that the access or disclosure, as the case may be, is relevant to the investigation of any offence alleged against a member, or is essential by virtue of an overriding public interest arising in the context of proceedings before a court, tribunal, commission or Part 2 inquiry.

(2) The Court shall, in determining under paragraph (b) of subsection (1) whether or not it should make an order providing for access to, or the disclosure of, an official document, have regard to—

(a) the extent to which the document relates to a matter of public importance or public interest,

(b) the rights and interests of any person affected,

(c) the rights and interests of any other person who provided information to the House,

(d) the rights and interests of any other person to whom the document relates,

(e) the public interest in maintaining the confidentiality of the identity of persons who communicate with the House,

(f) the public interest in maintaining the confidentiality of the contents of official documents, and

(g) any other circumstances that the Court considers relevant.

(3) Where under this section the Court orders access to, or the disclosure of, an official document, it shall determine the terms and extent of such access or disclosure, as the case may be.

(4) Where the House is considering consenting under subsection (1)(a) to access to, or the disclosure of, an official document, it shall have regard to—

(a) the extent to which the document relates to a matter of public importance or public interest,

(b) the rights and interests of any person affected, and

(c) any other circumstances that the House considers relevant.

(5) Rules of court shall make provision for the manner in which an application to the Court under this section may be made.

115.. Disclosure of official document by way of evidence.

115.— A person shall not be required to answer any question which would reveal, or would be likely to reveal, the content of an official document, whether created before or after the event or matter the subject of the question, the disclosure of which would be contrary to this Part, except in so far as may be necessary to enable the Part 11 committee to issue directions under section 113.

116.. Offences — Part 11.

116.— (1) Where an official document of a House is knowingly or recklessly disclosed by a person other than a member and such disclosure is not authorised by a provision of this Part, the person is guilty of an offence.

(2) Where a person discloses an official document of a House in contravention of subsection (1), any other person who publishes the document is guilty of an offence, regardless of how he or she acquired the document or the content of the document.

(3) A person who is guilty of an offence under subsection (1) or (2) is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.

PART 12 Evidence on Oath

117.. Power to examine witnesses and administer oaths.

117.— (1) A House or committee may examine witnesses for the purposes of any of its functions including, without prejudice to the generality of the foregoing—

(a) its functions under this Act,

(b) its consideration of a Bill (including a private bill), and

(c) any other function in respect of which the House or committee, as the case may be, considers it appropriate to examine a witness.

(2) A House or committee may administer an oath to a witness examined before the House or committee, as the case may be.

(3) An oath referred to in subsection (2) may be administered by—

(a) in the case of a person to be examined before Dáil Éireann, the Ceann Comhairle or Clerk of Dáil Éireann or a person authorised in writing by the Ceann Comhairle or Clerk of Dáil Éireann to do so,

(b) in the case of a person to be examined by Seanad Éireann, the Cathaoirleach or Clerk of Seanad Éireann or a person authorised in writing by the Cathaoirleach or Clerk of Seanad Éireann to do so,

(c) in the case of a person to be examined by both Houses acting jointly, the Ceann Comhairle, Clerk of Dáil Éireann, Cathaoirleach or Clerk of Seanad Éireann or a person authorised in writing by the Ceann Comhairle, Clerk of Dáil Éireann, Cathaoirleach or Clerk of Seanad Éireann to do so,

(d) in the case of a committee, the chairman of the committee or clerk of the committee or a person authorised in writing by the chairman or clerk to do so, or

(e) a person authorised by rules and standing orders to do so in a case referred to in paragraph (a),(b),(c) or (d) that is applicable.

118.. Power to require evidence on oath.

118.— A witness before a committee may be required by the committee to give his or her evidence to the committee on oath.

119.. Offences — Part 12.

119.— (1) A person to whom an oath referred to in section 117(2) has been administered and who, whilst under that oath, knowingly or recklessly gives evidence which is false or misleading in a material particular, in the course of being examined by the House or committee concerned, is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.

PART 13 Laying of Documents

120.. Definition of “statute”.

120.— In this Part “statute” (except in paragraph (b) of the definition of “instrument in relation to which this section applies” in section 122(2)), means—

(a) an Act of the Oireachtas,

(b) an Act of the Oireachtas of Saorstát Éireann, or

(c) an Act retained by, and referred to in a Schedule to—

(i) the Statute Law Revision Act 2007,

(ii) the Statute Law Revision Act 2009, or

(iii) the Statute Law Revision Act 2012,

other than any such Act which has been repealed subsequent to such retention.

121.. Procedure for laying documents.

121.— A reference in any statute to the laying of a document before a House shall be construed—

(a) if the rules and standing orders of the House which are for the time being in force specify the action to be taken as constituting laying of the document before the House, as a reference to the taking of that action, and

(b) if such rules and standing orders do not so specify, as a reference to the taking of such action as, by virtue of the practice which for the time being is followed by the House, is accepted as constituting laying of the document before the House.

122.. Provision of minimum period in relation to laying of certain documents.

122.— (1) Where in accordance with a provision contained in any statute (whether passed before or after the commencement of this section)—

(a) an instrument in relation to which this section applies may not come into force or may not take effect within a period after the laying of the instrument before a House, being a period not expressed in sitting days,

(b) a proposed instrument in relation to which this section applies may not be made, issued, granted or given within a period after the laying of a draft of the instrument before a House, being a period not expressed in sitting days, or

(c) an instrument in relation to which this section applies or a draft of a proposed such instrument may be annulled, disallowed or disapproved, or rendered such as not to have any force or such that no further proceedings are to be taken thereon, in whole or in part by or consequent upon action taken by a House within a period after the laying of the instrument or draft before the House, being a period not expressed in sitting days,

then, in any case in which the laying before the House is effected after the commencement of this section, the period shall, if apart from this subsection it would expire earlier, be deemed not to have expired before the expiration of the relevant weeks.

(2) In this section—

“instrument in relation to which this section applies” means—

(a) any order, regulation, rule, scheme, bye-law, warrant, licence, permit, certificate, direction or other like document, or

(b) any statute for the government of a university or constituent college thereof,

with respect to which the power or authority under which it may be made, issued, granted or given in, conferred by or under statute;

“relevant weeks” means the following weeks:

(a) either—

(i) in case, in the week in which the laying before the House is effected, the House sits on any day later than the day on which the laying before it is effected, the week in which the laying before the House is effected, or

(ii) in any other case, the first week, after the week in which the laying before the House is effected, in which the House sits;

(b) the first week, after the week specified in paragraph (a), in which the House sits;

(c) the first week, after the week specified in paragraph (b), in which the House sits;

(d) the first week, after the week specified in paragraph (c), in which the House sits.

(3) Notwithstanding section 5, the Houses of the Oireachtas (Laying of Documents) Act 1966 shall continue to apply to instruments laid before a House until the commencement of subsections (1) and (2).

PART 14 Miscellaneous

123.. Offences by bodies corporate.

123.— (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, is guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

124.. Proceedings in Court, etc.

124.— (1) The Court shall give such priority as, having regard to all the circumstances, it reasonably can to the disposal of proceedings in the Court under this Act.

(2) Subject to subsection (3), an application to the Court in relation to any relevant proceedings (including an application relating to judicial review), not being an application to the Court referred to in Part 9, shall be made not later than 14 days after the applicant has knowledge, or ought reasonably to have had knowledge, of the matter the subject of the application.

(3) The Court may extend the period referred to in subsection (2) in respect of which an application referred to in that subsection may be made to it in any case where it is satisfied that there is good and sufficient reason for the extension.

(4)(a) In any relevant proceedings, other than an application under Part 9, the Court shall not grant a stay (other than a stay on notice to the committee) on such proceedings if the Court is satisfied that the applicant concerned could have obtained the stay sought by way of proceedings under that Part.

(b) If the Court is not so satisfied, the Court may grant an ex parte stay on such proceedings only—

(i) where it is satisfied that it is essential in the interests of justice to do so, and

(ii) for such period not exceeding 3 days as may be necessary to put the committee on notice of an application for an extension of the ex parte stay.

125.. Prosecutions.

125.— (1) A prosecution for an offence under this Act may be brought only by or with the consent in writing of the Director of Public Prosecutions.

(2) A summary offence under this Act may be prosecuted by the Oireachtas Commission acting with the consent in writing of the Director of Public Prosecutions.

126.. Legal proceedings not to fall on discontinuation of inquiry, etc.

126.— (1) The discontinuation of a Part 2 inquiry or other committee business, or the dissolution of Dáil Éireann or of the committee, or a general election for Seanad Éireann after the dissolution of Dáil Éireann, shall not of itself—

(a) cause any criminal or other proceedings relating to the inquiry or other committee business, or the House or committee, that are pending or in progress to be discontinued or otherwise fall, or

(b) otherwise prevent the prosecution of an offence committed prior to such discontinuation, dissolution or election, as the case may be.

(2) When the committee or House cannot act because of a discontinuation, dissolution or general election referred to in subsection (1), the Oireachtas Commission shall act on behalf of the committee or House, as the case may be, in respect of proceedings referred to in paragraph (a) of that subsection or a prosecution referred to in paragraph (b) of that subsection.

127.. Restriction of Freedom of Information Acts 1997 and 2003.

127.— (1) Without prejudice to the exemption for official documents and private papers, the Freedom of Information Acts 1997 and 2003 shall not apply to a record relating to a Part 2 inquiry or other committee business unless—

(a) the record was created before the inquiry or other committee business, as the case may be, commenced, or

(b) the record relates to the expenses of the committee or other matters concerning the general administration of the committee.

(2) subsection (1) applies whether the record concerned is held by—

(a) the committee,

(b) the Oireachtas Commission,

(c) a tribunal or commission after being made available to it under section 29(3), or

(d) any other House or committee after being transferred to it on the dissolution of a tribunal or commission to which the record was made available under section 29(3).

(3) In this section “record” has the same meaning as in the Freedom of Information Acts 1997 and 2003.

128.. Amendment of Witnesses (Public Inquiries) Protection Act 1892.

128.— The Witnesses (Public Inquiries) Protection Act 1892 is amended—

(a) in section 1, by deleting “under the authority of any Royal Commission or by any committee of either House of Parliament, or”, and

(b) in section 7, by deleting “any power or privilege possessed by either House of Parliament, or”.

129.. Amendment of section 21 of Companies Act 1990.

129.— Section 21(1) of the Companies Act 1990 is amended by substituting the following paragraph for paragraph (fb):

“(fb) for the purposes of the performance by a committee (being a committee within the meaning of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 to which Part 3 or 6, or Chapter 2 or 3 of Part 7, or section 118, of that Act applies) of any of its functions,”.

130.. Amendment of section 46 of Freedom of Information Act 1997.

130.— Section 46(1) of the Freedom of Information Act 1997 is amended—

(a) in paragraph (e), by substituting “confidential” for “confidential, or”, and

(b) by inserting the following paragraph after paragraph (e):

“(ea) a record relating to any private paper or confidential communication, within the meaning of Part 10 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, or official document, within the meaning of Part 11of that Act, unless consent has been given under that Act for its disclosure, or”.

131.. Amendment of section 13 of Child Trafficking and Pornography Act 1998.

131.— Section 13(a) of the Child Trafficking and Pornography Act 1998 is amended by substituting “section 67 or 83 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013” for “section 3 of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997”.

132.. Amendment of section 17 of Defamation Act 2009.

132.— Section 17(2) of the Defamation Act 2009 is amended by substituting “section 18(3) or 78(2) of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013” for “section 11(2) of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997”.

133.. Offences — Part 14.

133.— (1) A person who threatens to inflict, or inflicts, injury, damage or loss on a witness, or who offers a reward, or rewards, a witness to a Part 2 inquiry or other committee business—

(a) with intent to influence, or in a manner calculated to influence, whether any such witness will give evidence or the nature, extent, duration or content of the evidence any such witness may give, or

(b) without lawful excuse, in retaliation for, or in consequence of, the giving of evidence by any such witness,

is guilty of an offence.

(2) subsection (1) shall, with all necessary modification, apply to a member of a House or committee member or prospective committee member of a committee conducting or to conduct a Part 2 inquiry or other committee business as it applies to a witness to an inquiry or other committee business respectively.

(3) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.